Property Transfer Rules in death case: The will is a copy certified by the probate court. The executor or administrator of the will applies for probate of the will. This is done to determine the validity and authenticity of the will in court.
When the owner of the property dies, the legal heirs have to transfer the property of the deceased in their name. The process for doing this will depend on the type of transfer. If the deceased has made a will, the process of transferring ownership of the property becomes much easier. But, if there is no will and there are multiple heirs, this can complicate the process.
Transfer of property in case of will
A will usually clearly states the beneficiaries, or legal heirs, who will inherit the deceased’s property and other property. Neha Gupta, principal associate at law firm Athena Legal, says the first step in transferring a property in the name of a legal heir is to either get the will probated or obtain a letter of administration (LOA).
The Will is a copy certified by the Probate Court. The executor or executor of the will applies for probate of the will. This is done in court to determine the validity and authenticity of the will.
If the will does not mention a will administrator or probate is not mandatory, the beneficiaries of the will will need to apply for an LOA. If a person dies intestate, i.e. without a written will, there is still a possibility of LOA (Letter of Offer and Acceptance) being required. Whether probate or LOA is required will depend on where the property is located.
Once this process is completed, the beneficiary will have to go to the concerned Sub Registrar’s office with the relevant documents to transfer the property in the name of the legal heir. For transfer of ownership to a legal heir (as per the Will), it is necessary to submit an application form, copy of the Will, original property papers, death certificate of the property owner, ID and address proof of the legal heir and the deceased.
Transfer of property in the absence of a will
If a person has died without writing a will, then the property of that person will be distributed among the Class-I heirs as per the succession laws applicable to the deceased. Usually the first-line heirs are the spouse and children. In case of Hindu Succession Act 1956, if there is no will then the mother of the deceased Hindu person will also be the first class heir.
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